1. SCOPE

1.1 The following terms and conditions apply to all offers to and orders from customers made available on/placed via our online store “Makert" as available in the Sultanate of Oman. Our online store is aimed exclusively at, and should only be used by, consumers that are above the age of 18. We may update and/or amend these terms and conditions from time to time. If required by law, you will be informed thereof in advance.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to her commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with a legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.3 All sales and other business is conducted inside Sultanate of Oman and by purchasing you agree that you are soliciting the business from our online store inside Sultanate of Oman.

2. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT, CORRECTION OPTIONS

2.1 The purchase contract is concluded with MCS Modern Creativity Sense L.L.C. (“MCS”) and “Makert” Online Store which is an affiliate Store of MCS incorporated in Muscat Governorate in Sultanate of Oman (together “Makert”). For the purposes of this purchase contract, MCS and “Makert” are joint and several debtors. For the avoidance of doubt, “Makert” Online Store will handle the enablement of the payment process and fulfillment of orders placed by you for any goods you purchase at our online store.

Modern Creativity Sense L.L.C. )MCS(

Address: South Al Mabilah/Seeb - Muscat, Sultanate of Oman

Company registration/Registry: Muscat, Sultanate of Oman

CR Number: 1214480

-and-

“Makert” Online Store

Address: Muscat, Sultanate of Oman

2.2 You can make purchases either as a Registered user or as a Guest user. As a registered user you are able to enjoy the full functionality of the online store and can find the additional terms and conditions when you register for an account. If you use the website as a Guest user you are able to order goods and services but won’t be able to enjoy the full functionality of the platform, for example, viewing your order history. Using the website as a Guest user does not impact the way we use your personal data, for that please see our privacy policy.

2.3 You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. Your offer to conclude a contract is placed when you order the goods contained in the shopping cart by clicking on the order button. Immediately after confirming the order, you will receive a confirmation by email, which includes the terms and conditions and we will start processing your item for shipping.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

3.1 The language available for the conclusion of the contract is [both] English and Arabic. If there is an inconsistency between the terms then the terms in Arabic will prevail.

3.2 We save the text of the contract and send you the order data and our Terms and Conditions in text form. You can additionally view the contract text under “My Orders” in “My Account”. For Guest users, you can view these under “Guest orders and Returns”.

4. DELIVERY CONDITIONS

4.1 In addition to the stated product prices, shipping costs may be incurred. You will find more detailed information about shipping costs on the product detail pages. You bear your own costs for using remote means of communication (such as the Internet).

4.2 We deliver orders only through shipping and delivery companies.

4.3 Delivery times are indicated on the product detail pages and depend on the delivery method.

5. PAYMENT

5.1 In our store you can generally use the following payment methods: Credit and Debit Cards through Thawani Gateway. The exact payment methods available to you will be shown on the checkout page.

5.2 When using a credit card, the transaction will be carried out automatically and your card will be charged.

5.3 When using other payment methods, you will be informed of the due date of your payment before the transaction is carried out. These payment methods are recorded and executed by our affiliate “Makert” Online Store. The processing of the payment by “Makert” Online Store is done on behalf of MCS by using a locally licensed payment partner. The available payment partners will be shown on the relevant page of the online store.

5.4 You consent to receive invoices in electronic form, in the event of a joint sale with a partner seller you can also receive invoices in paper form.

6. TRANSPORT DAMAGE

6.1 If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

7. WARRANTY, GUARANTEES, AND LIABILITY

7.1 We, and - if also a contractual party - any partner seller - are under a legal duty to supply products that are in conformity with these general terms and unless otherwise expressly stated in this agreement or elsewhere, the statutory liability and warranty for defects shall apply.

7.2 In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.

7.3 The above limitations and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives, or vicarious agents, which includes the following:

• in case of injury to life, body, or health;

•  in case of an intentional or grossly negligent breach of duty as well as fraudulent intent;

•  within the scope of a guarantee promise if agreed; or

• insofar as any rules, regulations or laws relating to product liability in your jurisdiction apply and provide you with additional rights.

7.4 Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.

8. WITHDRAWAL RIGHT

8.1. You have the right to cancel the purchase contract and return the sold item in the event that there is a defect, or if these goods do not conform to the standard specifications or the purpose for which the contract was made. The consumer has the right to replace the item, return it and recover its value without any additional cost, or repair it within (15) five days. Ten days from the date you receive the item.

8.2. The customer is required to ensure the safety of the item and goods before signing to receive them from the shipping and delivery companies.

8.3. It is required that the defect does not result from the consumer’s misuse of the product.

8.4. To exercise your right of withdrawal, you must inform us (Modern Creativity Sense L.L.C.,

Phone: 0096891129686 (WhatsApp) or contact us through the Makert online store website (https://makert.net/contactus) or send to the email: (info@makert.net) via a clear statement (for example, a letter or e-mail sent by post) of your decision to withdraw from this contract (Important: do not return your goods to the address given on the package), we will send you confirmation of receipt of such cancellation immediately (eg. by e-mail) including instructions on how and where to send Your goods to our online store for this purpose, you can also use the attached cancellation form, which, however, is not mandatory.

8.5. For goods sold jointly between Makert and the partner seller (the authorized agent in the Sultanate), which have a warranty on the product, you can communicate directly with the authorized agent in the Sultanate and your order will be processed according to the terms and conditions in force in the Sultanate of Oman.

8.6. Sample cancellation (withdrawal) form

(If you wish to revoke the contract, please complete this form and return it to us)

Attn: Modern Creativity Sense, South AL Mabilah/Seeb – Muscat, Sultanate of Oman

Telephone: +96891129686,

I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following merchandise (*)/:

— ordered on (*)/received on (*)

— name of customer(s)

— address of customer(s)

— date

(*) Delete where applicable

9. After cancellation

9.1. If you cancel this Contract, we will reimburse you for all payments we have received from you, including delivery costs (excluding additional costs resulting from the fact that you have chosen a delivery type other than the cheapest standard delivery we offer, and withholding the delivery charge if part of your order is returned and the total order amount will decrease remaining below the minimum for free shipping), without undue delay and at the latest within (15) fifteen days from the date he receives the item. For such payment, we will use the same payment method as you used for the original transaction, unless expressly agreed with you otherwise; In no event will you be charged any fees for this payment. We can refuse payment until we receive the goods back or until you provide proof that you have returned the goods, whichever is earlier.

10. CONTACT AND DISPUTE RESOLUTION

10.1 Customer Service: You can reach customer service for inquiries, complaints and claims from Sunday to Thursday from 8:00 am to 18:00 pm (Sultanate time) via WhatsApp on +96891129686 or via the platform or email, and you will be contacted.

10.2 These terms and conditions (“Terms”) shall be governed by and construed in accordance with the laws of the Sultanate of Oman. Any dispute, claim, controversy or difference arising out of, relating to, or relating to these Terms, including as may relate in any way to the use of the Makert Services, or any products or services sold or distributed by Makert or through the Makert Platform. "Makert", the existence, validity, interpretation, performance, breach, termination, and/or any dispute relating to any non-contractual obligations arising therefrom or in connection therewith (hereinafter referred to as a "Dispute") shall be eligible for adjudication. Through the laws and regulations of the Sultanate of Oman.

11. GENERAL

11.1 We have the right to assign our rights and obligations (including claims) to a third party but we will ensure that any such assignment does not prejudice your rights under this contract. To the extent that we require your cooperation or consent, it is deemed given by you upon entering into a purchase contract with us. You will be informed of any such assignment or transfer if so required.